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Protecting European companies against the extra-territorial legislation of a third country

Two Regulations protecting European companies against the effects of extra-territorial application of legislation adopted by a third country have been published yesterday at the OJEU (L 199I, 7.8.2018, p. 1 and p. 7, here):

__ Commission Delegated Regulation (EU) 2018/1100 of 6 June 2018 amending the Annex to Council Regulation (EC) No 2271/96 protecting against the effects of extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom

__ Commission Implementing Regulation (EU) 2018/1101 of 3 August 2018 laying down the criteria for the application of the second paragraph of Article 5 of Council Regulation (EC) No 2271/96 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom

A “Guidance Note — Questions and Answers: adoption of update of the Blocking Statute” was also published at the OJEU (C 277I, 7.8.2018, p. 4, here). Extracts:

“4. How does the Blocking Statute protect EU operators?

The Blocking Statute:

__ Nullifies the effect in the EU of any foreign decision, including court rulings or arbitration awards, based on the listed extra-territorial legislation or the acts and provisions adopted pursuant to them (Article 4). This means that no decision, whether administrative, judicial, arbitral or of any other nature, taken by a third country authority and based on the provisions listed in the Annex to the Blocking Statute or on acts which develop or implement those provisions, will be recognised in the EU. Similarly, no decision requiring, for instance, seizure or enforcement of any economic penalty against an EU operator based on the aforementioned acts will be executed in the EU. This shields EU operators from the effects of such decisions in the Union. National authorities, including national jurisdictions and arbiters, shall apply and implement the Blocking Statute, and notably ensure full compliance with the above-mentioned obligation directly stemming from it.

__ Allows EU operators to recover damages arising from the application of the listed extra-territorial legislation from the natural or legal persons or entities causing them (Article 6).This means that EU operators are legally empowered to seek compensation for the losses they have suffered from whoever has caused them”.